The anti-corruption law and its main aspects: the administrative responsibility procedure, the integrity program and the lenience agreement

Abstract

Objective: This research aims to briefly explore the Corporate Anti-Corruption Law, with a focus on the objective liability of companies, the mechanism of the Administrative Accountability Procedure (PAR), the foundations of the Compliance Program, and the concept and functionality of the Leniency Agreement.

Method: A deductive approach was employed, grounded in an examination of doctrinal writings, books, and articles from specialized journals, alongside Brazilian legislation.

Results: Key findings highlight the regulatory framework of the prevention mechanism outlined in the Anti-Corruption Law, which mandates the minimal requirements for the effective operation of a Compliance Program. Its primary goal is to deter individuals, acting in the name of the company, from engaging in detrimental acts against Public Administration. Moreover, it underscores the need for establishing cooperative procedures with competent authorities upon identifying misconduct. Concerning the Leniency Agreement, the study suggests that certain aspects require reassessment to enhance the law's efficacy by overly restricting its scope, offering limited benefits. Another consideration is the potential for a complete waiver of penalties and the exclusive negotiation of agreements with the first legal entity that proposes an adjustment. Despite the necessity for certain enhancements, the Anti-Corruption Law and its regulatory Decree signify considerable progress in fostering an ethical culture within the interactions between public and private sectors, encouraging measures for the prevention, detection, and cessation of damaging activities, and the restitution for harms inflicted upon society.

Contributions: This study primarily contributes by elucidating and disseminating information on the Administrative Accountability Procedure and the Leniency Agreement, topics that remain relatively new within Brazilian Administrative and Criminal Law.